DRUG CHARGESin Minnesota

In Minnesota
and Wisconsin sentences for drug charges
have become increasingly severe. Different
drugs and different drug quantities result
in different levels of offenses. Sentencing
for drug offenses are determined by
guidelines set by the Minnesota Sentencing
Guidelines Commission and include
presumptive sentences to encourage some
uniformity in sentencing.

The actual
length of a sentence for a Minnesota
drug charge is determined by the defendant's
past criminal record. This is called a
criminal history score. As a result, the
penalties are far more severe for repeat
offenders. A Judge may also consider other
factors to increase potential jail
sentences. For example, a sentence for a
drug crime may be increased if the drug
offense took place in a school zone or a
park zone. Even a first offense may call for
a presumed sentence of more than 12 years!

Below we have listed some "guidelines" for
each degree of drug offenses. These
guidelines refer to the length of time that
a person convicted of the listed offense
would serve in prison. Under Minnesota law,
the definition of cocaine includes powdered
cocaine and crack.

In
addition to charging offenders with
possession and sale crimes, Minnesota
prosecutors have other charging resources
available and may:

Charge a defendant
for administering a drug to injure or to
facilitate the commission of a crime;

Forfeit any cash, vehicle or residence
used in the commission of the crime;

Charge a defendant with racketeering,
under which a dealer can be fined up to
three times his/her gross profits.

First
DegreeSale: 10 grams crack. 50 grams
cocaine/heroin/methamphetamine. 200 doses
hallucinogen. 50 kilos marijuana.Possession: 25 grams of cocaine,
heroin or methamphetamine. 500 grams of
other narcotics. 500 doses of hallucinogen.
100 kilos marijuana.Manufacturing: A person is guilty of
controlled substance crime in the first
degree if the person manufactures any amount
of methamphetamine.Penalty: A person convicted may be
sentenced to imprisonment for not more than
30 years or to payment of a fine of not more
than $1,000,000, or both. If the conviction
is a subsequent controlled substance
conviction, a person convicted under
subdivisions 1 to 2a shall be committed to
the commissioner of corrections for not less
than four years nor more than 40 years and,
in addition, may be sentenced to payment of
a fine of not more than $1,000,000.Guidelines: 86 to 146 months.

Second
DegreeSale: 3 grams crack, 10 grams
cocaine/methamphetamine. 50 doses
hallucinogen. 25 kilos marijuana, or sale of
any Schedule I or II narcotic drug either to
a person under 18 or in a school zone or
park zone.Possession: 6 grams of

cocaine
heroin or methamphetamine. 50 grams of other
narcotics. 100 doses hallucinogen. 50 kilos
marijuanaPenalty: A person convicted may be
sentenced to imprisonment for not more than
25 years and payment of a fine of not more
than $500,000. If the person has a prior
conviction there is minimum sentences not
less than three years nor more than 40 years
and, in addition, a fine of not more than
$500,000. In a prosecution for sales by the
same person in two or more counties within a
90-day period, the person may be prosecuted
for all of the sales in any county in which
one of the sales occurred.Guidelines: 48 to 98 months.

Third
DegreeSale: Crack/cocaine/heroin. 10 doses
hallucinogen, 5 kilo marijuana or same of
any Schedule I, II, or III drug (except a
Schedule I or II narcotic drug or marijuana)
to a person under 18 or employment of person
under 18 to sell same.Possession: 3 grams cocaine, heroin
or methamphetamines. 10 grams of other
narcotics. 10 kilos marijuana, and any
amount of a Schedule I or II narcotic drug
in a school zone or park zone.Penalty: A person convicted may be
sentenced to imprisonment for not more than
20 years and payment of a fine of not more
than $250,000. If this is second conviction,
there is a mandatory minimum sentence of two
years or more but not more than than 30
years and, a fine of not more than $250,000.Guidelines: For possession of crack
and cocaine, 48 to 98 months; for all other
third degree offenses, probation to 54
months.

Fourth
DegreeSale: Any Schedule I, II or III drug
(except marijuana), or sale of marijuana of
any Schedule IV or V drug to persons under
18.Possession: 10 doses hallucinogen.Penalty: A person convicted may be
sentenced to imprisonment for not more than
15 years and to a fine of not more than
$100,000. If there is a prior conviction
incarceration cannot be less than one year
nor more than 30 years and, in addition to a
fine of not more than $100,000.Guidelines: Probation to 32 months.

Fifth
DegreeSale: Marijuana or any Schedule IV
drug.Possession: All Schedule I, II, III,
or IV drugs except 1.5 ounces (42.5 grams)
or less of marijuana.Penalty: 0-5 years, 6 months
mandatory minimum if prior drug felony; up
to $10,000 fine.Guidelines: Probation. (In Hennepin
ad Dakota Counties diversionary programs are
available that may result in no criminal
conviction on your record).

Petty
Misdemeanor. Possession of a small
amount of marijuana (1.5 ounces) is a petty
misdemeanor. though petty misdemeanors are
not considered "crimes", it is punishable by
a fine of up to $200 and attendance at an
approved drug education program. A second
conviction within two years under this
section would be enhanced to a misdemeanor
which is a crime and carries with it
potential jail time.

Federal
Charges

Federal
charges are prosecuted by the U.S. Attorney
and carry with them penalties that are much
more severe than those existing under State
law. Federal crimes may be charged when drug
crimes occur across state lines.

Possession:
100 grams or more methamphetamine or 1
kilogram or more methamphetamine
mixture.
1 kilogram or more heroin mixture.
5 kilograms or more cocaine mixture.
50 grams or more crack mixture.
100 grams or more PCP or 1 kilogram or
more PCP mixture.
10 grams or more LSD mixture.
400 grams or more Fentanyl mixture.
100 grams or more Fentanyl analogue
mixture.
1000 kilograms or more marijuana.
1000 or more marijuana plants.Penalty:
First Offense: 0 to life, 10 year
mandatory minimum; if death or serious
injury, 20 year minimum; up to $4
million fine individual, $10 million
other than individual.
Second Offense: 0 to life, 20 year
mandatory minimum; if death or serious
injury, not less than life; up to $8
million fine individual, $20 million
other than individual.

Possession:
Any amount of other Schedule I and
Schedule II Controlled Substances.
50-100 kilograms marijuana.
50-99 marijuana plants.
10-100 kilograms hashish.
1-100 kilograms hashish oil.Penalty:
First Offense: 0 to 20 years; if death
or serious injury, 20 year minimum, not
more than life; up to $1 million fine
individual, $55 million other than
individual.
Second Offense: 0 to 30 years; if death
or serious injury, not less than life;
up to $2 million fine individual, $10
million other than individual.

Possession:
Any amount of Schedule III Controlled
Substances.
Less than 50 kilograms marijuana.
Less than 10 kilograms hashish.
Less than 1 kilogram hashish oil.Penalty:
First Offense: 0 to 5 years; up to
$250,000 fine individual, $1 million
other than individual.
Second Offense: 0 to 10 years; up to
$500,000 fine individual, $2 million
other than individual.

Possession:
Any amount of Schedule IV Controlled
Substances.Penalty:
First Offense: 0 to 3 years; up to
$250,000 fine individual, $1 million
other than individual.

Possession:
Any amount of Schedule V Controlled
Substances.Penalty:
First Offense: 0 to 1 year; up to
$100,000 fine individual, $250,000 other
than individual.
Second Offense: 0 to 2 years; up to
$200,000 fine individual, $500,000 other
than individual.

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